Coroners and Justice Act 2009

Valid from 25/07/2013

Resumption of investigation suspended under paragraph 2 E+W

8 (1) An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it. E+W

(2) Subject to sub-paragraph (3)—

(a) an investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;

(b) an investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.

(3) The investigation may be resumed while the proceedings in question are continuing if—

(a) in the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;

(b) in the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.

(4) For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—

(a) in the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;

(b) in the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.

(5) In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—

(a) the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;

(b) any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.